The truck driver charged in the crash that injured comedian Tracy Morgan had not slept in 24 hours, that’s according to a criminal complaint.

Thirty-five year old Kevin Roper will have an initial court appearance on Wednesday. The Jonesboro, Georgia resident has been charged with death by auto and four counts of assault by auto.

Officials say Roper’s truck smashed into the limo bus early Saturday in Cranbury Township. Morgan remains hospitalized in critical condition. His mentor and fellow comedian, James “Jimmy Mack” McNair, was killed in the crash.